<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1910 (12) TMI 1 - Bombay High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=272915</link>
    <description>A decree nisi does not operate as res judicata because it is only provisional and not a final adjudication, so it could not bar the redemption suit. The service clauses in the 1901 and 1905 agreements were held admissible and binding to that extent because they did not themselves create or extinguish rights in immovable property requiring registration. The arrangements were also not treated as a clog on the equity of redemption or as an unconscionable bargain, as the evidence showed a commercial transaction without proof of domination or undue influence. The defendant further failed to prove that the second and third mortgages were acquired as the company&#039;s agent or with company funds.</description>
    <language>en-us</language>
    <pubDate>Thu, 22 Dec 1910 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 24 May 2018 15:30:53 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=521508" rel="self" type="application/rss+xml"/>
    <item>
      <title>1910 (12) TMI 1 - Bombay High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=272915</link>
      <description>A decree nisi does not operate as res judicata because it is only provisional and not a final adjudication, so it could not bar the redemption suit. The service clauses in the 1901 and 1905 agreements were held admissible and binding to that extent because they did not themselves create or extinguish rights in immovable property requiring registration. The arrangements were also not treated as a clog on the equity of redemption or as an unconscionable bargain, as the evidence showed a commercial transaction without proof of domination or undue influence. The defendant further failed to prove that the second and third mortgages were acquired as the company&#039;s agent or with company funds.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 22 Dec 1910 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=272915</guid>
    </item>
  </channel>
</rss>